HomeMy WebLinkAbout5070 48 Butler Ave Decision RecordedFILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
YARO.0UL s 1 H TOWN CLEW
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February 22, 2024
5070
January 25, 2024
Gabrielli dos Santos Rigo
Helder Barbosa Pinheiro
PROPERTY: 48 Butler Avenue, West Yarmouth, MA
Map 39, Parcel 91
Zoning District: R-25
Title: Book 35844, Page 54
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Jay Fraprie, John Mantoni, and
Barbara Murphy.
Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners
of property as required by law, and to the public by posting notice of the hearing and publishing in
The Cape Cod Times, the hearing opened and held on the date stated above.
The Petitioner is Gabrielli. dos Santos Rigo who seeks relief with respect to property located at 48
Butler Avenue, West Yarmouth, Massachusetts, which property is located in an R-25 zoning district.
The property contains 15,246 square feet of area.
The Petitioner seeks a Special Permit per §202.5, P7A Use, to allow a family day care for up to 6
children. The Petitioner lives with her husband and has two school -age children. She has had a
Massachusetts daycare license at this location since March 2023.
At the initial hearing on January 11, 2024, there was one letter of opposition with concerns about
a daycare adding more noise and traffic, and there was one attendee who spoke in favoi of the
petition.
The Petitioner was granted a continuance and signed an extension agreement to the January 25,
2024 hearing, so that the Petitioner could provide additional information to the B_ rd• a copy
of the Massachusetts daycare license; 2) diagram of where children will be' . 3 the
house; and 3) photos that show parking spaces, all areas where children :'
(including exits), and the backyard with fence and play area.I .
Bk 36288 Pg237 #11722
At both hearings, the Petitioner was present with Beatriz de Melo serving as interpreter.
Currently, the daycare has a total of four children. The backyard is fenced and has a play area
with synthetic grass. There is parking for 4-5 cars in the driveway.
A motion was made by Mr. Fraprie and seconded by Mr. Mantoni to approve the Special Permit
with the following conditions:
• Special Permit is restricted to this individual at this location for up to 6 children in the
daycare.
• Hours of operation: Monday -Friday, 7am-5pm.
• Child drop-offs and pickups must be in the driveway only.
• The Petitioner must return to the Board for a one-year review.
On a voice vote (4-0), the request for Special Permit, with the stated conditions, was approved.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals
from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20
days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein,
the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See
bylaw § 103.2.5, MGL c40A §9)
Sean Igoe, Vice Chair
CERTIFICATION OF TOWN CLERK
1, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have
elapsed since the filing with me of the above Board of Appeals Decision #5070 that no notice of
appeal of said decision has been filed with me, or, if such appeal has been filed it has been
dismissed or denied. All appeals have been exhausted.
I
Mary A. Maslowski, CMC
MAR' 18 2024